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The answers given below are in response to queries asked by other people.
Name Indrajitdev Das
Query

I have an appeal pending for more than a year with CIT but have sent email to CIT Appeal indicating that I will be opting for VSV Scheme.

I have got my VSV application approved and have paid the amount online.

Now, while trying to submit Form 4 of VSV, I need to put the details / proof of withdrawal with number and forum of the appeal. Please suggest what tom do.

Thanks.

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Name pravin c doshi & co
Query

we have received form 3 with balance amount refundable of Rs. 239631( refund amount)

now our query is how to file form 4 as in form 4 we are asking to fill details for tax paid but in our case there is refund in form 3 received

please guide us how to fill form 4 tax details in case of refund in form 3

Answer Click here
Name Jay WW
Query

How to file for the scheme, for the A.Y 2005-06 for a firm which was converted into proprietorship. Can’t see the appeal pending under proprietors PAN and since it is for 2005-06, the firm did not have an online account as well.

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Name Abhinaw Prakash
Query

I have to receive refund from INCOME Tax Department under Vivad se Viswas Scheme.

I had paid all tax amount in advance and on appeal in CIT the hearing was in my favour.

I had opted under Vivad se Viswas Scheme in which I have received a final calculation from Income Tax Department and ITO ward specifying the refund amount.

I have filled Form 4 a month ago.From past 1 month Income Tax website is showing awaiting Form 5 under Vivad se Viswas tab on logging.

Fir how long do I have to wait for my refund.Is there any thing else which I need to do to get my refund.Are there any other steps which needs to be followed.Kindly let me know and help me out.

Answer Click here
Name pulkit kothari
Query

I have a appeal pending with CIT(A), in case if I apply under DTVSV scheme and files a declaration. But due to financial reasons couldn’t make the payment by 31st march 2021. In this case what will happen to my appeal with CIT(A)? Would it be considered deemed withdrawn as per section 4 sub section 2 of DTVSV act 2020 or will my appeal continue to be in force with CIT appeal?

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Name V.JAYARAMAN
Query

The assessment pertains to long term capital gains for the AY 2014-15. The assessee is a NRI who filed his return of income belatedly on 25/09/2018 disclosing LTCGs of Rs.8,62,470/- . The assessee paid self assessment tax to the tune of Rs.3,65,390/- ( Rs.1,77,669/- towards tax and Rs.1,87,721/- towards interest portion).

The assessment was completed U/s.143(3) r.w.s 147 wherein the returned income was not considered and total income of Rs.60,15,656/- was determined as long term capital gain (assessee has no other source of income). The tax on long term capital gains was arrived along with interest and demand was raised for a sum of Rs.26,95,663/- ( Tax portion being Rs.12,39,225/- and interest portion being Rs.14,56,438/-) . As per the assessment order, the assessee was asked to pay Rs.23,30,270/- arrived at by deducting Rs.3,65,390/- paid by the assessee as self assessment tax against the total tax liability (Note : Returned income was not considered but credit was given for tax paid U/s.140A)

The assessee has gone on appeal and the same is pending for adjudication before the CIT (A)-1. The assessee has now decided to buy peace by opting for settlement under VIVAD SE VISWAS SCHEME.

My query is whether assessee can claim credit for the entire amount paid under 140A (tax portion and interest portion together) towards disputed tax?
Since the returned income was not accepted by the AO, whether there is a need to bifurcate the tax paid U/s.140A into tax portion and interest portion while adjusting against earlier tax payments made towards disputed tax demand??

Answer Click here
Name shailendra kumar saraf
Query

The order under section 143(3) was made and wherein entire LTCG of penny stocks was added to the income as income from other sources, and in computation sheet of tax, the same was treated as short term capital gains and tax was levied at @15%. The assessee is before appeal before CIT (A) and the same is pending as on 31-01-2020. The assessee filed declaration under DTVSV and thereafter the assessing officer issued show cause notice under section 154 of the Act to rectify the mistake and order was passed enhancing the demand of tax. Can ITO make rectification when the declaration under DTVSV is pending.

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Name SREELAKSHMI
Query

I had two appeals for two different Assessment Years, AY 2010-11 & 2012-13. The issue in both the appeals was the same. For AY 2012-13 the decision was given in my favour. No second appeal is preferred by the department against the said order. So for AY 2010-11 can I apply for Vivad se Viswas Scheme on the basis that, subject matter of appeal has already been decided in my favour & without payment of tax.

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Name SREELAKSHMI KACHOLIA
Query

I received a notice regarding an outstanding demand. In appeal, decision was favourable to me. But outstanding demand is still lying as such in IT Website. Can I do anything about this through Vivad se Viswas Scheme?

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Name Darshan Gupta
Query

I have filed form 1& 2 where the original tax demand was Rs. 1998827/-, however the Form 3 i received from the department, the income tax authority has raised the amount to RS. 2112576/- under DTVSV scheme, thereby claiming an additional amt of 113749 without any explanation

What shall I do??

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